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Sea level rising | Elizabeth Mendenhall | TEDxURI


the world is rapidly changing but the

the world is rapidly changing but the law is failing to keep pace

law is failing to keep pace

law is failing to keep pace more specifically the ocean is changing

more specifically the ocean is changing

more specifically the ocean is changing in fundamental ways and yet the law of

in fundamental ways and yet the law of

in fundamental ways and yet the law of the sea remains virtually unheard in the

the sea remains virtually unheard in the

the sea remains virtually unheard in the last 50 years this disconnect between

last 50 years this disconnect between

last 50 years this disconnect between the actual world and the world assumed

the actual world and the world assumed

the actual world and the world assumed by international law is especially

by international law is especially

by international law is especially visible and worrisome in the case of sea

visible and worrisome in the case of sea

visible and worrisome in the case of sea level rise it’s as if we built a fence

level rise it’s as if we built a fence

level rise it’s as if we built a fence over a pool of quicksand it’s not going

over a pool of quicksand it’s not going

over a pool of quicksand it’s not going to separate your yard from mine for very

to separate your yard from mine for very

to separate your yard from mine for very long so what problems does this create

long so what problems does this create

long so what problems does this create and what can we do about it

and what can we do about it

and what can we do about it coastlines have always fluctuated

coastlines have always fluctuated

coastlines have always fluctuated naturally through erosion and sediment

naturally through erosion and sediment

naturally through erosion and sediment deposition they move but the amount of

deposition they move but the amount of

deposition they move but the amount of coastal dynamism we’re currently

coastal dynamism we’re currently

coastal dynamism we’re currently experiencing is unprecedented in modern

experiencing is unprecedented in modern

experiencing is unprecedented in modern human history coastlines are moving both

human history coastlines are moving both

human history coastlines are moving both inward towards the land and in many

inward towards the land and in many

inward towards the land and in many places outward into the sea

places outward into the sea

places outward into the sea they’re moving inward because the sea

they’re moving inward because the sea

they’re moving inward because the sea levels are rising although there is some

levels are rising although there is some

levels are rising although there is some local and regional variation everywhere

local and regional variation everywhere

local and regional variation everywhere and in general the seas are rising there

and in general the seas are rising there

and in general the seas are rising there are two basic causes for this melting

are two basic causes for this melting

are two basic causes for this melting glaciers in Greenland and Antarctica are

glaciers in Greenland and Antarctica are

glaciers in Greenland and Antarctica are adding to the total amount of water in

adding to the total amount of water in

adding to the total amount of water in the oceans while the ocean is also

the oceans while the ocean is also

the oceans while the ocean is also absorbing heat from the atmosphere which

absorbing heat from the atmosphere which

absorbing heat from the atmosphere which causes its volume to expand so as sea

causes its volume to expand so as sea

causes its volume to expand so as sea levels rise coastlines retreat in word

levels rise coastlines retreat in word

levels rise coastlines retreat in word but in many places they’re also moving

but in many places they’re also moving

but in many places they’re also moving outward dredging which sucks up sand

outward dredging which sucks up sand

outward dredging which sucks up sand from one area and deposits it elsewhere

from one area and deposits it elsewhere

from one area and deposits it elsewhere onto a reef or a beach is a very mature

onto a reef or a beach is a very mature

onto a reef or a beach is a very mature technology and it’s used every year by

technology and it’s used every year by

technology and it’s used every year by the Army Corps of Engineers and others

the Army Corps of Engineers and others

the Army Corps of Engineers and others to replenish and expand coastal areas

to replenish and expand coastal areas

to replenish and expand coastal areas and it’s even being used in places like

and it’s even being used in places like

and it’s even being used in places like the Persian Gulf and the South China Sea

the Persian Gulf and the South China Sea

the Persian Gulf and the South China Sea to construct entirely new islands where

to construct entirely new islands where

to construct entirely new islands where previously there were none

previously there were none

previously there were none so coastlines are moving more than ever

so coastlines are moving more than ever

so coastlines are moving more than ever and more frequently than ever and yet

and more frequently than ever and yet

and more frequently than ever and yet international law assumes that they

international law assumes that they

international law assumes that they always stay in the same place the law of

always stay in the same place the law of

always stay in the same place the law of the sea treaty is the Mae

the sea treaty is the Mae

the sea treaty is the Mae body of international law that governs

body of international law that governs

body of international law that governs the ocean it determines who controls

the ocean it determines who controls

the ocean it determines who controls which parts of the sea and which boats

which parts of the sea and which boats

which parts of the sea and which boats can do what and where it’s often called

can do what and where it’s often called

can do what and where it’s often called the constitution for the oceans and it’s

the constitution for the oceans and it’s

the constitution for the oceans and it’s negotiation in the 1970s and 80s was a

negotiation in the 1970s and 80s was a

negotiation in the 1970s and 80s was a really major international

really major international

really major international accomplishment most significantly it

accomplishment most significantly it

accomplishment most significantly it creates zones of national control 12

creates zones of national control 12

creates zones of national control 12 miles from the coastline is territorial

miles from the coastline is territorial

miles from the coastline is territorial sea and 200 miles is exclusive economic

sea and 200 miles is exclusive economic

sea and 200 miles is exclusive economic zone these areas give the coastal state

zone these areas give the coastal state

zone these areas give the coastal state and by state I mean country privileged

and by state I mean country privileged

and by state I mean country privileged access to resources like fish and fossil

access to resources like fish and fossil

access to resources like fish and fossil fuels and it also allows coastal states

fuels and it also allows coastal states

fuels and it also allows coastal states like the United States to set and

like the United States to set and

like the United States to set and enforce the rules about which votes can

enforce the rules about which votes can

enforce the rules about which votes can do what in these areas but the problem

do what in these areas but the problem

do what in these areas but the problem is there are two parts of the law of the

is there are two parts of the law of the

is there are two parts of the law of the sea treaty that assume that coastlines

sea treaty that assume that coastlines

sea treaty that assume that coastlines stay in the same place the first

stay in the same place the first

stay in the same place the first concerns what’s called the baseline it’s

concerns what’s called the baseline it’s

concerns what’s called the baseline it’s the starting point from which you draw

the starting point from which you draw

the starting point from which you draw these 12 and 200-mile claims and the

these 12 and 200-mile claims and the

these 12 and 200-mile claims and the treaty says the baseline is at the

treaty says the baseline is at the

treaty says the baseline is at the low-water mark as shown on official

low-water mark as shown on official

low-water mark as shown on official charts produced by the coastal states

charts produced by the coastal states

charts produced by the coastal states but the treaty is unclear about whether

but the treaty is unclear about whether

but the treaty is unclear about whether once the baseline is drawn its permanent

once the baseline is drawn its permanent

once the baseline is drawn its permanent frozen in time or if in contrast the

frozen in time or if in contrast the

frozen in time or if in contrast the chart needs to be periodically updated

chart needs to be periodically updated

chart needs to be periodically updated to reflect the new water low water line

to reflect the new water low water line

to reflect the new water low water line and therefore the new baseline so in

and therefore the new baseline so in

and therefore the new baseline so in other words the baseline might stay put

other words the baseline might stay put

other words the baseline might stay put or it might change as the coastline

or it might change as the coastline

or it might change as the coastline changes and if it does move with the

changes and if it does move with the

changes and if it does move with the coastline then that means so too does

coastline then that means so too does

coastline then that means so too does the outer edge of that 200-mile claim

the outer edge of that 200-mile claim

the outer edge of that 200-mile claim and we might be in a situation where

and we might be in a situation where

and we might be in a situation where areas are reverting from national

areas are reverting from national

areas are reverting from national control to a high seas status that’s

control to a high seas status that’s

control to a high seas status that’s open access kind of a free-for-all in

open access kind of a free-for-all in

open access kind of a free-for-all in terms of resources the other area where

terms of resources the other area where

terms of resources the other area where the treaty assumes the coastline stays

the treaty assumes the coastline stays

the treaty assumes the coastline stays in the same place concerns the status of

in the same place concerns the status of

in the same place concerns the status of Islands versus rocks a rock is

Islands versus rocks a rock is

Islands versus rocks a rock is uninhabitable it has no economic life of

uninhabitable it has no economic life of

uninhabitable it has no economic life of its own but it still gets to generate a

its own but it still gets to generate a

its own but it still gets to generate a 12-mile territorial sea an island gets

12-mile territorial sea an island gets

12-mile territorial sea an island gets that

that

that plus a 200-mile exclusive economic zone

plus a 200-mile exclusive economic zone

plus a 200-mile exclusive economic zone so in general it’s better to have

so in general it’s better to have

so in general it’s better to have Islands than rocks if you want to claim

Islands than rocks if you want to claim

Islands than rocks if you want to claim more maritime territory but once again

more maritime territory but once again

more maritime territory but once again the treaty is dangerously vague about

the treaty is dangerously vague about

the treaty is dangerously vague about the precise standards that differentiate

the precise standards that differentiate

the precise standards that differentiate iraq from an island and more importantly

iraq from an island and more importantly

iraq from an island and more importantly it says nothing about whether iraq can

it says nothing about whether iraq can

it says nothing about whether iraq can become an island or vice versa

become an island or vice versa

become an island or vice versa the common issue here is change when the

the common issue here is change when the

the common issue here is change when the ocean itself changes does the legal

ocean itself changes does the legal

ocean itself changes does the legal status of islands or the coastline

status of islands or the coastline

status of islands or the coastline change – the question may seem abstract

change – the question may seem abstract

change – the question may seem abstract but it has very real consequences for a

but it has very real consequences for a

but it has very real consequences for a majority of the Earth’s population what

majority of the Earth’s population what

majority of the Earth’s population what happens legally as sea levels rise will

happens legally as sea levels rise will

happens legally as sea levels rise will impact our ability to achieve peace

impact our ability to achieve peace

impact our ability to achieve peace stability and sustainability in the

stability and sustainability in the

stability and sustainability in the century to come there are two groups who

century to come there are two groups who

century to come there are two groups who are especially concerned about the

are especially concerned about the

are especially concerned about the status of Islands versus rocks those who

status of Islands versus rocks those who

status of Islands versus rocks those who are losing their islands to the rising

are losing their islands to the rising

are losing their islands to the rising seas and those who are building entirely

seas and those who are building entirely

seas and those who are building entirely new islands on one hand small island

new islands on one hand small island

new islands on one hand small island developing states are worried about

developing states are worried about

developing states are worried about losing their land and their maritime

losing their land and their maritime

losing their land and their maritime territory as the Seas encroach upon

territory as the Seas encroach upon

territory as the Seas encroach upon those islands they often become

those islands they often become

those islands they often become uninhabitable before they’re entirely

uninhabitable before they’re entirely

uninhabitable before they’re entirely submerged because saltwater intrudes

submerged because saltwater intrudes

submerged because saltwater intrudes into freshwater deposits and on to crop

into freshwater deposits and on to crop

into freshwater deposits and on to crop lands and because these states are often

lands and because these states are often

lands and because these states are often made up of vast and far-flung

made up of vast and far-flung

made up of vast and far-flung archipelagos of hundreds even thousands

archipelagos of hundreds even thousands

archipelagos of hundreds even thousands of islands if even one island is

of islands if even one island is

of islands if even one island is reclassified as a rock it could mean the

reclassified as a rock it could mean the

reclassified as a rock it could mean the loss of hundreds of thousands of square

loss of hundreds of thousands of square

loss of hundreds of thousands of square miles of maritime territory on the other

miles of maritime territory on the other

miles of maritime territory on the other hand there are states like China

hand there are states like China

hand there are states like China building new islands in part because

building new islands in part because

building new islands in part because they want to make new claims over

they want to make new claims over

they want to make new claims over maritime territory for China this is a

maritime territory for China this is a

maritime territory for China this is a matter of grand strategy of increasing

matter of grand strategy of increasing

matter of grand strategy of increasing their influence and militarized control

their influence and militarized control

their influence and militarized control in the South China Sea but for its

in the South China Sea but for its

in the South China Sea but for its Southeast Asian neighbors who are

Southeast Asian neighbors who are

Southeast Asian neighbors who are objecting to these claims it’s an issue

objecting to these claims it’s an issue

objecting to these claims it’s an issue of resource scarcity and food security

of resource scarcity and food security

of resource scarcity and food security because China is using this island

because China is using this island

because China is using this island building to claim fisheries that were

building to claim fisheries that were

building to claim fisheries that were previously open for access

previously open for access

previously open for access by anyone who could get there in terms

by anyone who could get there in terms

by anyone who could get there in terms of the coastline the issue concerns

of the coastline the issue concerns

of the coastline the issue concerns situations where the 200-mile claims

situations where the 200-mile claims

situations where the 200-mile claims overlap which is actually pretty common

overlap which is actually pretty common

overlap which is actually pretty common in this case the most typical response

in this case the most typical response

in this case the most typical response is to draw a line at the halfway point

is to draw a line at the halfway point

is to draw a line at the halfway point between baselines but if the baseline

between baselines but if the baseline

between baselines but if the baseline changes then so too does the halfway

changes then so too does the halfway

changes then so too does the halfway point and this presents a situation

point and this presents a situation

point and this presents a situation where some states see an opportunity to

where some states see an opportunity to

where some states see an opportunity to claim new resources and throw out old

claim new resources and throw out old

claim new resources and throw out old agreements where other states feel

agreements where other states feel

agreements where other states feel pressure to maintain existing claims and

pressure to maintain existing claims and

pressure to maintain existing claims and agreements and anytime there’s a

agreements and anytime there’s a

agreements and anytime there’s a valuable resource along that halfway

valuable resource along that halfway

valuable resource along that halfway point whether it be fish or sea bed

point whether it be fish or sea bed

point whether it be fish or sea bed minerals fossil fuels these will become

minerals fossil fuels these will become

minerals fossil fuels these will become subject to new rounds of resource

subject to new rounds of resource

subject to new rounds of resource competition and even potentially

competition and even potentially

competition and even potentially conflict finally in terms of how we

conflict finally in terms of how we

conflict finally in terms of how we respond practically to sea level rise

respond practically to sea level rise

respond practically to sea level rise our legal interpretation and influences

our legal interpretation and influences

our legal interpretation and influences what we do so if a coastal state is

what we do so if a coastal state is

what we do so if a coastal state is worried about losing maritime territory

worried about losing maritime territory

worried about losing maritime territory as the coastline moves inward they will

as the coastline moves inward they will

as the coastline moves inward they will harden that coastline to defend its

harden that coastline to defend its

harden that coastline to defend its existing position they’ll put cement on

existing position they’ll put cement on

existing position they’ll put cement on the sand and build sea walls levees

the sand and build sea walls levees

the sand and build sea walls levees dikes or they’ll get trapped in a cycle

dikes or they’ll get trapped in a cycle

dikes or they’ll get trapped in a cycle of dredging erosion dredging erosion we

of dredging erosion dredging erosion we

of dredging erosion dredging erosion we know that these strategies are

know that these strategies are

know that these strategies are unsustainable and they’re extremely

unsustainable and they’re extremely

unsustainable and they’re extremely expensive but for a coastal state

expensive but for a coastal state

expensive but for a coastal state worried about losing maritime territory

worried about losing maritime territory

worried about losing maritime territory this seems like the best option Japan

this seems like the best option Japan

this seems like the best option Japan for example has spent millions of

for example has spent millions of

for example has spent millions of dollars since the late nineteen eighty

dollars since the late nineteen eighty

dollars since the late nineteen eighty eighty s hardening the island of Okinawa

eighty s hardening the island of Okinawa

eighty s hardening the island of Okinawa eeschema because Japan says that this is

eeschema because Japan says that this is

eeschema because Japan says that this is an island and the reason is that this

an island and the reason is that this

an island and the reason is that this single island generates a hundred and

single island generates a hundred and

single island generates a hundred and fifty four thousand square miles of

fifty four thousand square miles of

fifty four thousand square miles of maritime territory now china says that

maritime territory now china says that

maritime territory now china says that this is a rock and it’s long-distance

this is a rock and it’s long-distance

this is a rock and it’s long-distance fishing fleets are encroaching on that

fishing fleets are encroaching on that

fishing fleets are encroaching on that territory which they say is high seas

territory which they say is high seas

territory which they say is high seas it’s not exclusive economic zone this

it’s not exclusive economic zone this

it’s not exclusive economic zone this clash of interpretations is likely to

clash of interpretations is likely to

clash of interpretations is likely to play out all over the world as

play out all over the world as

play out all over the world as coastlines retreat and I

coastlines retreat and I

coastlines retreat and I are submerged and area seem up for grabs

are submerged and area seem up for grabs

are submerged and area seem up for grabs again in terms of resource claims we

again in terms of resource claims we

again in terms of resource claims we must look to and prepare for the future

must look to and prepare for the future

must look to and prepare for the future because the sea levels are rising

because the sea levels are rising

because the sea levels are rising whether or not we’re ready for the

whether or not we’re ready for the

whether or not we’re ready for the consequences and as the Seas rise so too

consequences and as the Seas rise so too

consequences and as the Seas rise so too does the legal uncertainty surrounding

does the legal uncertainty surrounding

does the legal uncertainty surrounding the status of islands and coastlines we

the status of islands and coastlines we

the status of islands and coastlines we need to freeze the existing position of

need to freeze the existing position of

need to freeze the existing position of baselines and the status of islands and

baselines and the status of islands and

baselines and the status of islands and rocks this is a solution that’s been

rocks this is a solution that’s been

rocks this is a solution that’s been proposed by scholars since 1990 yet

proposed by scholars since 1990 yet

proposed by scholars since 1990 yet which has been generally ignored by

which has been generally ignored by

which has been generally ignored by policymakers and the public if the

policymakers and the public if the

policymakers and the public if the international community froze existing

international community froze existing

international community froze existing claims today we could mitigate the risk

claims today we could mitigate the risk

claims today we could mitigate the risk of resource conflict do the right thing

of resource conflict do the right thing

of resource conflict do the right thing regarding small island developing States

regarding small island developing States

regarding small island developing States and incentivize the best possible

and incentivize the best possible

and incentivize the best possible responses to sea level rise in terms of

responses to sea level rise in terms of

responses to sea level rise in terms of resource conflict the legal stability

resource conflict the legal stability

resource conflict the legal stability this interpretation would create would

this interpretation would create would

this interpretation would create would decrease the pressure felt by coastal

decrease the pressure felt by coastal

decrease the pressure felt by coastal states to militarize patrols in order to

states to militarize patrols in order to

states to militarize patrols in order to kick out fishing fleets from what they

kick out fishing fleets from what they

kick out fishing fleets from what they know is their maritime territory for

know is their maritime territory for

know is their maritime territory for small island developing States it’s the

small island developing States it’s the

small island developing States it’s the right thing to guarantee their control

right thing to guarantee their control

right thing to guarantee their control over maritime territory even if their

over maritime territory even if their

over maritime territory even if their islands become uninhabitable this may

islands become uninhabitable this may

islands become uninhabitable this may give them a crucial bargaining chip as

give them a crucial bargaining chip as

give them a crucial bargaining chip as they’re negotiating for new land a new

they’re negotiating for new land a new

they’re negotiating for new land a new citizenship when they inevitably have to

citizenship when they inevitably have to

citizenship when they inevitably have to relocate it may also allow them to hold

relocate it may also allow them to hold

relocate it may also allow them to hold on to their status as independent states

on to their status as independent states

on to their status as independent states by connecting the people and the

by connecting the people and the

by connecting the people and the government to a territory watery though

government to a territory watery though

government to a territory watery though it may be in terms of practical

it may be in terms of practical

it may be in terms of practical responses to sea level rise in most

responses to sea level rise in most

responses to sea level rise in most cases it’s a better option to have a

cases it’s a better option to have a

cases it’s a better option to have a moderate retreat of human civilization

moderate retreat of human civilization

moderate retreat of human civilization and infrastructure and allow coastal

and infrastructure and allow coastal

and infrastructure and allow coastal wetlands like marshes and mangroves to

wetlands like marshes and mangroves to

wetlands like marshes and mangroves to fill in this strategy is cheaper it’s

fill in this strategy is cheaper it’s

fill in this strategy is cheaper it’s more sustainable its sequester’s carbon

more sustainable its sequester’s carbon

more sustainable its sequester’s carbon dioxide and in terms of protecting the

dioxide and in terms of protecting the

dioxide and in terms of protecting the coastline from extreme weather events

coastline from extreme weather events

coastline from extreme weather events like the storm surges is so

like the storm surges is so

like the storm surges is so stated with hurricanes it actually does

stated with hurricanes it actually does

stated with hurricanes it actually does a much better job now you’re probably

a much better job now you’re probably

a much better job now you’re probably thinking this is all very interesting

thinking this is all very interesting

thinking this is all very interesting but what am I supposed to do about it

but what am I supposed to do about it

but what am I supposed to do about it the first and most important thing that

the first and most important thing that

the first and most important thing that we can do as US citizens is lobby the US

we can do as US citizens is lobby the US

we can do as US citizens is lobby the US Senate to ratify the law of the sea

Senate to ratify the law of the sea

Senate to ratify the law of the sea treaty which almost every other country

treaty which almost every other country

treaty which almost every other country in the world except for the United

in the world except for the United

in the world except for the United States and a handful of others like

States and a handful of others like

States and a handful of others like Syria and Venezuela has already done

Syria and Venezuela has already done

Syria and Venezuela has already done ratification would give us leverage over

ratification would give us leverage over

ratification would give us leverage over how the treaty is interpreted in itself

how the treaty is interpreted in itself

how the treaty is interpreted in itself the moment of ratification because it’s

the moment of ratification because it’s

the moment of ratification because it’s been long delayed would provide an

been long delayed would provide an

been long delayed would provide an unparalleled leadership opportunity for

unparalleled leadership opportunity for

unparalleled leadership opportunity for the United States to forward the

the United States to forward the

the United States to forward the position that I’ve outlined here it

position that I’ve outlined here it

position that I’ve outlined here it would also give us access to special

would also give us access to special

would also give us access to special courts that we could bring a case about

courts that we could bring a case about

courts that we could bring a case about this issue too and start building a body

this issue too and start building a body

this issue too and start building a body of jurisprudence that interprets the

of jurisprudence that interprets the

of jurisprudence that interprets the treaty in this way if we do nothing

treaty in this way if we do nothing

treaty in this way if we do nothing uncertainty is the best case scenario

uncertainty is the best case scenario

uncertainty is the best case scenario more likely is that the status of

more likely is that the status of

more likely is that the status of islands rocks and coastlines will be

islands rocks and coastlines will be

islands rocks and coastlines will be understood as malleable in the legal

understood as malleable in the legal

understood as malleable in the legal sense because that’s the interpretation

sense because that’s the interpretation

sense because that’s the interpretation that China prefers and then they’re

that China prefers and then they’re

that China prefers and then they’re implicitly forwarding in their Island

implicitly forwarding in their Island

implicitly forwarding in their Island building activities and the locations

building activities and the locations

building activities and the locations where their long-distance fishing fleets

where their long-distance fishing fleets

where their long-distance fishing fleets are currently encroaching upon so we

are currently encroaching upon so we

are currently encroaching upon so we don’t know how much or how fast the sea

don’t know how much or how fast the sea

don’t know how much or how fast the sea levels will rise and we don’t know how

levels will rise and we don’t know how

levels will rise and we don’t know how permanent or prevalent artificial

permanent or prevalent artificial

permanent or prevalent artificial islands will be or how much money we’ll

islands will be or how much money we’ll

islands will be or how much money we’ll have to build sea walls 50 or a hundred

have to build sea walls 50 or a hundred

have to build sea walls 50 or a hundred years from now but uncertainty does not

years from now but uncertainty does not

years from now but uncertainty does not mean that we can’t control our own fate

mean that we can’t control our own fate

mean that we can’t control our own fate in terms of sea level rise a little bit

in terms of sea level rise a little bit

in terms of sea level rise a little bit of concerted action and attention to the

of concerted action and attention to the

of concerted action and attention to the law of the sea specifically to ratify

law of the sea specifically to ratify

law of the sea specifically to ratify and clarify it will help us avoid the

and clarify it will help us avoid the

and clarify it will help us avoid the worst possible concert consequences and

worst possible concert consequences and

worst possible concert consequences and pursue the best possible responses to

pursue the best possible responses to

pursue the best possible responses to global sea level rise thank you

global sea level rise thank you

global sea level rise thank you you

”

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